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ARTICLE · 06 JULY 2021

Anti-Money Laundering / Know Your Client Procedures – Are These Privileged Documents?

In the case Dr. Suzanne Wolfe Martin noe (the "Plaintiff") vs. X (the "Defendant") decided on the 21 June 2021, the First Hall Civil Court (the "Court"), presided over by honourable judge...

MaltaGovernment, Public Sector

In the case Dr. Suzanne Wolfe Martin noe (the "Plaintiff") vs. X (the "Defendant") decided on the 21 June 2021, the First Hall Civil Court (the "Court"), presided over by honourable judge Robert G. Mangion, examined in detail certain provisions of the law which deal with the disclosure of information in court. The Court, throughout the judgment, detailed those instances in which (i) documentation is deemed to be admissible in court and those instances in which (ii) documentation is deemed as being "privileged" and consequently, not admissible.

The case under examination concerned a bank (the defendant), the officials of which were being summoned to produce the "Anti-Money Laundering/know your client Procedures" before the Court, more specifically, the banks procedures vis-à-vis onboarding, ongoing monitoring, and suspicious transaction reporting.

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